Heddell, R. v

Heddell, R. v

The judge properly left the issue of whether the item was a firearm or an imitation firearm to the jury. The directions given did not disadvantage the appellant, and the statutory defence under section 1(5) of the Firearms Act 1982 was not improperly withheld. The jury could only convict if satisfied the item was a...

Source-derived case information.

Parties
Respondent: Regina; Appellant: Paul Derek Heddell
Jurisdiction
England and Wales
Judgment Date
14 April 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Firearms Offences, Imitation Firearms, Interpretation of Firearms Act 1968 and Firearms Act 1982, Jury Directions
Criminal Law Firearms Offences Imitation Firearms Interpretation of Firearms Act 1968 and Firearms Act 1982 Jury Directions

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Parties

Regina

Respondent

Paul Derek Heddell

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the item in question was a firearm or an imitation firearm under the Firearms Act 1968 and 1982
  2. 2 Whether the judge erred in his directions to the jury regarding the application of the Firearms Act 1982
  3. 3 Whether the appellant was deprived of the statutory defence under section 1(5) of the Firearms Act 1982

Ratio Decidendi

The judge properly left the issue of whether the item was a firearm or an imitation firearm to the jury. The directions given did not disadvantage the appellant, and the statutory defence under section 1(5) of the Firearms Act 1982 was not improperly withheld. The jury could only convict if satisfied the item was a firearm as defined by law.

Court Disposition

Appeal dismissed